Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 188

Permittee does not apply for a petroleum production licence or a petroleum retention lease

  (1)   If:

  (a)   a petroleum exploration permittee could apply under section   168 for a petroleum production licence in relation to a block or blocks; and

  (b)   the permittee does not:

  (i)   within the application period mentioned in subsection   169(1), make the application; or

  (ii)   within the application period mentioned in subsection   141(3), apply under section   141 for a petroleum retention lease;

then:

  (c)   the petroleum exploration permit is revoked to the extent to which it relates to that block or those blocks; and

  (d)   the revocation has effect at the end of whichever is the later of the application periods mentioned in paragraph   (b).

Permittee does not apply for a petroleum production licence

  (1A)   If:

  (a)   a petroleum exploration permittee applies under section   141 for a petroleum retention lease in relation to a block or blocks; and

  (b)   a notice refusing to grant the petroleum retention lease is given to the permittee under section   143; and

  (c)   the reason for the refusal is that the Joint Authority is not satisfied as to the matter referred to in subparagraph   142(b)(ii); and

  (d)   after the section   143 notice is given, the permittee does not, within the application period mentioned in subsection   169(3), apply under section   168 for a petroleum production licence in relation to that block or those blocks;

then:

  (e)   the petroleum exploration permit is revoked to the extent to which it relates to that block or those blocks; and

  (f)   the revocation has effect at the end of the application period mentioned in subsection   169(3).

Permittee's application lapses

  (2)   If an application made by a petroleum exploration permittee under section   168 in relation to a block or blocks lapses:

  (a)   the petroleum exploration permit is revoked to the extent to which it relates to that block or those blocks; and

  (b)   the revocation has effect:

  (i)   at the end of the application period; or

  (ii)   on the lapsing of the application;

    whichever is the later.

Note:   For lapsing of applications, see section   260.

Lessee's application lapses

  (3)   If an application made by a petroleum retention lessee under section   170 in relation to a block or blocks lapses:

  (a)   the petroleum retention lease is revoked to the extent to which it relates to that block or those blocks; and

  (b)   the revocation has effect on the lapsing of the application.

Note 1:   For lapsing of applications, see section   260.

Note 2:   See also subsection   132(3) (revocation of declaration of location where block is no longer the subject of a petroleum exploration permit or a petroleum retention lease).

Exception--permit affected by a change to the boundary of the coastal waters of a State or Territory

  (4)   This section does not apply in relation to a petroleum exploration permit if:

  (a)   the permit has been granted on the basis that an area (the relevant area ) is within the offshore area of a State or the Northern Territory; and

  (b)   as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area:

  (i)   ceases to be within the offshore area of the State or Territory; and

  (ii)   falls within the coastal waters of the State or Territory; and

  (c)   immediately before the change, the relevant area was a part of the permit area.

  (5)   For the purposes of subsection   (4):

  (a)   disregard section   283; and

  (b)   it is immaterial whether the change occurred before, at or after the commencement of this subsection.